PRINTER'S NO. 1662
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1238
Session of
2022
INTRODUCED BY LAUGHLIN, STREET, KANE AND CAPPELLETTI,
MAY 23, 2022
REFERRED TO LAW AND JUSTICE, MAY 23, 2022
AN ACT
Amending the act of April 17, 2016 (P.L.84, No.16), entitled "An
act establishing a medical marijuana program; providing for
patient and caregiver certification and for medical marijuana
organization registration; imposing duties on the Department
of Health; providing for a tax on medical marijuana
organization gross receipts; establishing the Medical
Marijuana Program Fund; establishing the Medical Marijuana
Advisory Board; establishing a medical marijuana research
program; imposing duties on the Department of Corrections,
the Department of Education and the Department of Human
Services; and providing for academic clinical research
centers and for penalties and enforcement," in preliminary
provisions, further providing for definitions; and, in
program, further providing for lawful use of medical
marijuana and for unlawful use of medical marijuana.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 103 of the act of April 17, 2016 (P.L.84,
No.16), known as the Medical Marijuana Act, is amended by adding
a definition to read:
Section 103. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
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* * *
"Edible medical marijuana product." A medical marijuana
product intended for human consumption, in whole or in part, by
oral ingestion. The term does not include a medical marijuana
product in the following forms:
(1) Pill.
(2) Oil.
(3) Topical forms, including gels, creams or ointments.
(4) A form medically appropriate for administration by
vaporization or nebulization.
(5) Tincture.
(6) Liquid.
* * *
Section 2. Section 303(b)(2) of the act is amended and the
section is amended by adding a subsection to read:
Section 303. Lawful use of medical marijuana.
* * *
(b) Requirements.--The lawful use of medical marijuana is
subject to the following:
* * *
(2) Subject to regulations promulgated under this act,
medical marijuana may only be dispensed to a patient or
caregiver in the following forms:
(i) pill;
(ii) oil;
(iii) topical forms, including gels, creams or
ointments;
(iv) a form medically appropriate for administration
by vaporization or nebulization, excluding dry leaf or
plant form until dry leaf or plant forms become
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acceptable under regulations adopted under section 1202;
(v) tincture; [or]
(vi) liquid[.]; or
(vii) edible medical marijuana product.
* * *
(c) Edible medical marijuana products.--The department shall
promulgate regulations governing eligible medical marijuana
products, including, but not limited to, the packaging,
labeling, marketing and appearance of eligible medical marijuana
products to ensure the safety of patients and minors. The
department may require a grower/processor to comply with
additional food safety requirements as the department deems
necessary for the processing of edible medical marijuana
products.
Section 3. Section 304(b)(2) and (c) of the act are amended
to read:
Section 304. Unlawful use of medical marijuana.
* * *
(b) Unlawful use described.--It is unlawful to:
* * *
[(2) Except as provided under subsection (c),
incorporate medical marijuana into edible form.]
* * *
[(c) Edible medical marijuana.--Nothing in this act shall be
construed to preclude the incorporation of medical marijuana
into edible form by a patient or a caregiver in order to aid
ingestion of the medical marijuana by the patient.]
Section 4. This act shall take effect in 30 days.
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